SELDEN, NY, Jan. 24—County legislators proposed to prohibit the obstruction of roads by day laborers in a press conference Wednesday at the Suffolk County 6th Police Precinct.
Legislators Joseph Caracappa (R-Farmingville) and Jack Eddington (WF-Medford), members of the Public Safety Committee of which Eddington is Chairman, proposed the legislation.
“This is a continuing problem in the villages of Farmingville and Medford, as well as other areas around Suffolk County,” said Eddington. “There are individuals that congregate on the county roadways and sidewalks, and they solicit employment from passing motor vehicles.”
The legislators decided that they needed to take action, because they claimed Washington was not acting fast enough. “It’s time for the Suffolk County Legislature to do something,” Eddington said.
This proposal comes after a heated debate concerning Resolution 17-1, which barred Level 2 and 3 sex offenders from loitering at places where children congregate, such as playgrounds and video arcades.
Caracappa sought this application of loitering law during the debates concerning Resolution 17-1. “If we are going to use it in one area for the common good, we are certainly going to try to use it in another area…this issue has been festering for far too long,” he said.
Police are apprehending day laborers already, but not with such direct legislation. “The police have told me that there have been accidents because the pedestrians run out to be the first to the car,” said Eddington. “In fact, they’re now using the jaywalking law, because it’s the only tool they have.”
Resolution 17-1 made loitering by sex offenders a misdemeanor, with punishment of up to a year in jail. The proposed legislation would call for day laborers who violate the law to pay a fine of up to $500.
Caracappa acknowledged the issue of constitutionality of the proposed legislation. “We are willing to go to court,” he said. “We’ll argue this when challenged.”
The legislation does not call for the building of “hiring halls,” a place where people can congregate when looking for work or workers. “Day laborer advocates want us to pay for it with taxpayer dollars,” Caracappa said. “That’s just something that I don’t support.
Caracappa said it was up to the advocates of day laborers to provide a place for them to congregate. “Do some fundraising for them,” he said. “Do not count on county government tax dollars to promote what I consider an illegal activity.”
Eddington compared the solicitation of work by day laborers to that of prostitution. “This is really equality,” he said. “No one should be able to solicit employment on our roadways and cause a dangerous hazard.”
Caracappa clarified the legal definition: “Under the law right now, prostitution and drug dealing falls under loitering, as defined by the State Supreme Court, as well as higher courts across the country.”
Owners of private property, such as the 7-11 in Farmingville at the corner of County Roads 16 and 83, have signed affidavits authorizing police to apprehend congregants who solicit employment as loiterers, according to Caracappa. “Access to their commercial establishments is being blocked constantly,” he said. “Now we are going to apply this on public property.”
The legislation is mostly focused on the “hot spots” of Farmingville and Medford, but Caracappa said there are smaller spots in Rocky Point and Centereach where day laborers congregate to look for employment. Caracappa did not cite specific locations in either Rocky Point or Centereach, however.
Despite the consensus on the proposed legislation, the legislators disagreed over federal proposals. “McCain-Kennedy provides amnesty,” Caracappa said. “I supported the Peter King Bill.”
Eddington supported McCain-Kennedy. “We need to treat people fairly,” he said. “We need to make sure these people have no criminal record at home, [as well as] make sure they broke no laws while they were here.”
Caracappa has taken action at the national level to try to address the issue. “I tried to sue the INS for the lack of doing their jobs,” he said. “It seems to always fall on the local officials to do something.”
Eddington spoke with Congressman Tim Bishop about immigration. Eddington said he believed that the president would work with Congressional Democrats to pass immigration reform because “he is desperate to have success in his tenure.” However, if the legislation is not strong enough, “we are going to continue with our own initiatives,” he said.
“We are hoping that this is an initiative that will be picked up by the town, the county, all over,” Eddington said. Brookhaven Town Supervisor Brian Foley chose not to comment on the proposed legislation, citing a lack of jurisdiction.
“We are supportive of any measure that seeks to curtail the illegal underground economy and its effects on suburban communities,” said Ed Dumas, Director of Communication for County Executive Steve Levy. “We will work with the bill’s sponsors to shape the measure and to ensure its constitutional validity.”
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